This dissertation describes and interprets the effects of the significant changes to the workers compensation, industrial and related laws that occurred in the early 1990s in Western Australia. These could be characterised as motivated by a desire by the then Coalition Government to reduce access to legal representation in compensation claims, limit the potential of workers to claim damages for negligence and reduce the use of collective bargaining mechanisms to resolve industrial disputes. Arguably, the common philosophical themes were to individualise the relationship between employer and employee and to reduce the bargaining strength of workers. In general terms, these themes were presented under the guise of flexible workplace relations. Whether these outcomes were achieved is not the subject of this analysis, rather, the aim is to show that one (perhaps unintended) consequence of the legislative changes of the early 1990s was to create significant areas of overlap in various employment related laws. These areas of overlap have led to some difficulties within the various tribunals involved in the resolution of employment related disputes. Over the last decade, the issues arising from the 1990s amendments have crystallized into important principles, which are discussed in this work. The thesis of this dissertation is that an examination of the development of the industrial and workers compensation laws in Western Australia in the 1990s establishes sufficient commonality between the industrial relations and compensation systems to warrant the rationalisation of these two jurisdictions.

x, 43 p. : ill. (some col.) A print copy of this thesis is available through the UO Libraries. Search the library catalog for the location and call number. / Increasingly, workers' compensation (WC) insurers are turning to claim disposition agreements (CDA) as a means of reducing costs. CDAs are agreements between injured workers and insurers that close claims for a lump sum payment in lieu of other payments to which workers may be entitled. Intuitively, CDA payment amounts are expected to vary in response to changes in WC benefit levels. Models for decision-making processes related to lump sum versus benefit streams suggest the opposite. This thesis examines the relationship between CDA amounts and permanent partial disability (PPD) using two models. The first model utilizes individual claim information before and after a legislated benefit increase in the state of Oregon. The second model examines aggregate claims and payments made over a 16-year period from 1990 through 1995. / Committee In Charge Dr. Jessica Greene, Chair; Dr. L. Leete; Dr. R. Irvin

This study is devoted to a detailed survey of the claims administrative machinery of the State of Texas workman's compensation program.

The challenges in human resource allocation drive the present project. Conducted at an office of the Workers' Compensation Board of British Columbia (the WCB), the project aims at developing a simulation model of claim management operations to facilitate decision-making in resource allocation. In this context, resource allocation refers to the alignment of staff to claims. The components of the problem include the number of staff required and the types of staff required, given targeted system performance. The volume of claims, the profile of claims, the Workers Compensation Act, the board's business guidelines and the board's operational targets all influence staffing requirement. It is far from straightforward to answer the following questions: what is the optimal level of staffing? What is the right mix of skills? And what is the proper alignment of staff with claims? How will the system perform given a certain staffing level? How will change in the profile of incoming claims influence staffing requirement? A discrete-event simulation model was developed as a decision support tool in this project. The model was used to evaluate several resource allocation scenarios. Simulation showed that timeliness measures such as time to decision and time to closure would improve with additional resources, but the improvement was not drastic. At the staffing level of 14, compared to the current level of 12, time to decision for unadjudicated claims would reduce by 6%. Simulation further showed that specialization of staff by claim type might have a negative impact on system performance measures, because economics of scale were compromised. Finally, simulation showed that if Site Visits, a required procedure for adjudicating claims related to Activity-Related Soft Tissue Diseases, could be conducted by dedicated personnel, time to decision for these claims might reduce by as high as 60%.

Compensation Services manages return to work, wage loss, pension and health-care benefits to injured workers, and those suffering from occupational diseases. This thesis presents the methodology and results of a comprehensive study conducted to determine the relationships between existing performance measures, quantify the factors influencing these performance measures, and deterrriine relative efficiencies across case management operations. We use principal components analysis, cluster analysis, and multiple regression to derive the relationships between performance outcomes and influencing factors. We then use data envelopment analysis, incorporating these multiple inputs and outputs, to assess overall relative efficiencies and set performance targets. The analysis has brought about an increased understanding of service delivery location performance and performance measurement. Results may be used to provide managerial decision support, communicate best practices, and serve as a basis for further efficiency or quality initiatives. The factors accounted for in the multivariate analysis can explain between 20% - 50% of the variability in key performance outcomes across case management desks. The overall efficiency analysis revealed strong performers both within case management offices and across regions. Four case management offices consistently contain strongperforming case management desks across several methods of evaluating efficiency. Transferring best practices has the potential to significantly increase relative efficiency improvements for case management desks across the province.

Compensation Services manages return to work, wage loss, pension and health-care benefits to injured workers, and those suffering from occupational diseases. This thesis presents the methodology and results of a comprehensive study conducted to determine the relationships between existing performance measures, quantify the factors influencing these performance measures, and deterrriine relative efficiencies across case management operations. We use principal components analysis, cluster analysis, and multiple regression to derive the relationships between performance outcomes and influencing factors. We then use data envelopment analysis, incorporating these multiple inputs and outputs, to assess overall relative efficiencies and set performance targets. The analysis has brought about an increased understanding of service delivery location performance and performance measurement. Results may be used to provide managerial decision support, communicate best practices, and serve as a basis for further efficiency or quality initiatives. The factors accounted for in the multivariate analysis can explain between 20% - 50% of the variability in key performance outcomes across case management desks. The overall efficiency analysis revealed strong performers both within case management offices and across regions. Four case management offices consistently contain strongperforming case management desks across several methods of evaluating efficiency. Transferring best practices has the potential to significantly increase relative efficiency improvements for case management desks across the province. / Business, Sauder School of / Graduate

The challenges in human resource allocation drive the present project. Conducted at an office of the Workers' Compensation Board of British Columbia (the WCB), the project aims at developing a simulation model of claim management operations to facilitate decision-making in resource allocation. In this context, resource allocation refers to the alignment of staff to claims. The components of the problem include the number of staff required and the types of staff required, given targeted system performance. The volume of claims, the profile of claims, the Workers Compensation Act, the board's business guidelines and the board's operational targets all influence staffing requirement. It is far from straightforward to answer the following questions: what is the optimal level of staffing? What is the right mix of skills? And what is the proper alignment of staff with claims? How will the system perform given a certain staffing level? How will change in the profile of incoming claims influence staffing requirement? A discrete-event simulation model was developed as a decision support tool in this project. The model was used to evaluate several resource allocation scenarios. Simulation showed that timeliness measures such as time to decision and time to closure would improve with additional resources, but the improvement was not drastic. At the staffing level of 14, compared to the current level of 12, time to decision for unadjudicated claims would reduce by 6%. Simulation further showed that specialization of staff by claim type might have a negative impact on system performance measures, because economics of scale were compromised. Finally, simulation showed that if Site Visits, a required procedure for adjudicating claims related to Activity-Related Soft Tissue Diseases, could be conducted by dedicated personnel, time to decision for these claims might reduce by as high as 60%. / Business, Sauder School of / Graduate

Thesis (LL.M)--York University, 2003. / Includes bibliographical references. Also available on the Internet.

This study assessed the predictive validity of four independent factors (Rotter Locus of Control Scale, Safety Locus of Control, Organizational Attribution Style Questionnaire, and Rosenburg Self-Esteem Scale) in the establishment of a measure of safety consciousness in predicting on-the-job injuries and the filing of workers' compensation claims. A 125-item questionnaire was designed and administered to assess participants' disposition on each of the four psychological dimensions, demographic data and on-the-job injury information.

Orientador: Alessandro Lia Mondelli / Resumo: A relação do médico com o paciente é uma relação de consumo. E com base na proteção consumerista, todas às obrigações do fornecedor de serviço devem ser obedecidas sob pena de responsabilização. Apesar da discussão quanto às naturezas das obrigações conforme responsabilidade de meio e fim, ou de natureza objetiva e subjetiva; todas as atuações profissionais conforme a legislação - independente de curativa ou estética – incidem regras do direito do consumidor. A crescente judicialização e processos iniciados contra médicos demonstra o desconhecimento da legislação aplicável. Em confronto aparente de normas ente o Código de Defesa do Consumidor vigente, que se apresenta como incidente, e o Código de Ética Médica, afirmando categoricamente não se tratar de relação de consumo prevalece, para o direito, indiscutivelmente aquele. E os Tribunais Estaduais e o Superior Tribunal de Justiça pacificamente entendem desta forma. Juntamente com a relação de consumo, várias obrigações comumente não entendidas pelos profissionais da medicina como sendo obrigatórios, passam, portanto, trazer consequências. Elas têm sido alvo de declarações de indenização. Neste aspecto particular surgem situações para o fornecedor, profissional médico, como prestação de contas, prestação de orçamento, obrigação da informação completa e possibilidade de inversão do ônus da prova no processo. Ademais, não tem validade na prática, cláusulas como, não indenizar, consentimento genérico, escolha do foro para questõ... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: The doctor's relationship with the patient is a relationship of consumption. And based on consumer protection, all obligations of the service provider must be obeyed under penalty of liability. In spite of the discussion about the nature of the obligations as responsibility of means and ends, or of objective and subjective nature; according to the legislation, all medical professional performances - regardless of curative or aesthetic - affect consumer rights rules. The increasing judicialization and proceedings against physicians demonstrates the lack of knowledge of the applicable legislation. In an apparent conflict of norms between the current Consumer Defense Code, which is presented as an incident, and the Code of Medical Ethics, categorically stating that it is not a relation of consumption, it indisputably prevails. And the State Courts and the Superior Court of Justice peacefully understand this way. Along with the relationship of consumption, several obligations commonly not understood by medical professionals as being mandatory, therefore, have consequences. They have been the subject of compensation claims. In this particular aspect, there have been situations for the supplier, for the medical professional, such as accountability, provision of budget, full information obligation and possibility of reversing the burden of proof in the process. In addition, clauses such as, no indemnification, generic consent, choice of forum for legal issues, transfer of liability ... (Complete abstract click electronic access below) / Mestre